The decision is the one in E.S. More specifically, the conviction resulted from a series of public seminars entitled ‘Basic Information on Islam’ that the applicant had delivered at the right-wing Freedom Party Education Institute. One of these seminars was attended by an undercover journalist, whose publication requested that a preliminary investigation be instituted against the applicant. Eventually, the applicant was convicted due to her statements suggesting that Muhammad – because of his marriage to a six-year old child (Aisha) – had paedophilic tendencies, and would not be, as such, a worthy subject of worship. Austrian courts found that it could not be established that the applicant had intended to decry all Muslims. Rather, she had meant to criticize the unreflecting imitation of a role model. According to the courts at first instance and on appeal, it would not be correct to consider child marriage as akin to paedophilia. In particular, because paedophilia is behaviour which is ostracized by society and outlawed, it would be evident that the applicant’s statements were capable of causing indignation.
Muhammad of having paedophilic tendencies. ] had already turned eighteen and had therefore passed the age of puberty. According to the Austrian courts, freedom of expression is not limitless, and is subject to duties and responsibilities, such as refraining from making statements which hurt others without reason and therefore do not contribute to a debate of public interest. A balancing exercise between the rights under Article 9 ECHR (religious freedom) on the one hand and those under Article 10 ECHR on the other needs to be carried out. The Austrian Supreme Court also sided with the lower courts, holding that the aim of the interference with the applicant’ freedom of expression had been to protect religious peace and the religious feelings of others and was therefore legitimate. Having exhausted all internal remedies, the applicant decided to bring her case before the ECtHR, claiming that her conviction under Austrian law had violated her Article 10 ECHR freedom of expression by wrongfully considering her statements are value judgments.
The ECtHR admitted that the applicant’s criminal conviction had interfered with her freedom of expression. “necessary in a democratic society” in order to achieve the aim or aims in question. All this said, individual states enjoy a wide margin of appreciation when regulating freedom of expression in relation to matters liable to offend personal convictions within the sphere of morals or religion. In any case, they also have a positive obligation under Article 9 ECHR to ensure the peaceful co‑existence and mutual tolerance of all religions and those not belonging to a religious group. The ECtHR then recalled that a distinction should be made between statements of fact and value judgments. As such, Austrian courts did not unduly interfered with the applicant’s freedom of expression. This latest ECthR decision is substantially in line with the approach taken in Sekmadienis Ltd v Lithuania, a case whose national proceedings related to advertisements using Jesus look-alike models and phrases referring to him.
The difference between the two cases is that, while in Sekmadienis the expression found to be against public morals was arguably used in a humorous context, here the intent of the applicant was to criticize. Whether one agrees or not with the analysis of the ECtHR in either case, both might be helpful when it comes to interpreting public policy/morality exclusions in IP law, especially with regard to trade mark applications and copyright enforcement. With regard to trade marks, the test advanced by the ECThR in E.S. Austria appears in line with the one that the Appointed Person has suggested for UK trade mark applications. Signs which “justifiably cause outrage or would be the subject of justifiable censure as being likely significantly to undermine current religious, family or social values” (Ghazilian’s Application) would not be eligible for registration. This was for instance the case of JESUS for clothing, on grounds that branding that amply words or images with a religious significance can have a “seriously troubling effect on people with religious beliefs”. In the literary and artistic field, issues of alleged immorality or obscenity have been considered on a number of occasions. Furthermore, in the past courts have considered copyright subject matter under the lens of obscenity. One of the best-known obscenity trials in the recent history of literature is probably the one concerning DH Lawrence’s Lady Chatterley’s Lover. After the book was finalized in 1928, it did not have an easy life and was at the centre of obscenity proceedings both in the US and in the UK. ] Crim LR 176). Eventually, the jury found in favour of the defendant Penguin Books. This was arguably the beginning of new, more permissive era, for literature. Only a few days ago, a copy of Lady Chatterley’s Lover used by the judge who presided over the trials was sold for £56,250 at Sotheby’s auction house.
It demonstrates that, whereas more than half of American Jews continue to support Obama, many committed and younger Jews have shifted their allegiance. Police say they haven’t established any links between New York murder suspect Levi Aron, accused of killing and dismembering 8-year-old Hasidic boy Leiby Kletzky, and unsolved crimes in other states. According to CBS station WCBS, police are using Aron’s DNA to investigate whether he may be connected to any other cases of child abuse or murder. Forensic DNA expert Lawrence Kobilinsky said it’s obvious to him what cops are up to, reports WCBS. So far investigators haven’t found anything more serious in Levi’s criminal history than a speeding ticket and an arrest for public urination, reports Fox News. The 35-year-old pleaded not guilty to charges of murder and kidnapping. Prosecutors say he lured Leiby Kletzky to his home Monday after the little boy got lost while walking home from an Orthodox Jewish day camp. Video cameras captured the fateful encounter between the two on a Brooklyn street, while Leiby’s mother waited anxiously just a few blocks away.
Detectives later found the boy’s severed feet, wrapped in plastic, in the man’s freezer, as well as a cutting board and three bloody carving knives. Police and prosecutors said Aron, a clerk at a hardware supply store, has confessed to suffocating the boy with a bath towel, but they continued to work on verifying his horrific and bizarre explanation for the boy’s death. Officials said the killing stands out because there’s no clear motive. Aron has written a confession which ended with “I’m sorry for the hurt that I caused,” Police Commissioner Ray Kelly told WCBS. A Brooklyn man was arrested as he was loading furniture into a van from two unoccupied bungalows at the Crossroad Estates bungalow colony in the Town of Thompson. A passerby flagged down a Sullivan County Sheriff’s deputy on Tuesday afternoon to report the burglary that was taking place at 338 Anawana Lake Road. The deputy confronted Shulem Klein, 46, who gave no explanation for his actions when arrested.
Klein was charged with third-degree burglary, a felony, and petit larceny. Levi Aron, the man who confessed to killing and dismembering 8-year-old Hasidic boy Leiby Kletzky last week, was handed down an eight-count indictment, including two counts of felony murder, by a federal grand jury today. The indictment comes hours after the release of the official autopsy report, which revealed that Leiby had been drugged prior to his murder, with a mixture of muscle relaxants, anti-psychotics and painkillers, before he was smothered to death. The parents of Leiby, Nachman and Esty Kletzk, emerged from their home today after sitting shiva for the past week. They marked the end of shiva by walking outside their Borough Park home this morning, surrounded by relatives. Jack Meyer, of Misaskim, an organization that provides services to grieving families. The family also announced that they had established a fund for donations, to help anguished families in crisis and need, something that the family says Leiby would have wanted to do had he been given more years of life.
Grand Rebbe David Twersky on Monday asked a state court to throw out a civil lawsuit implicating him in the arson attack that seriously burned a dissident member. Shaul Spitzer, 18, who lived in Twersky’s home and did butler work for him, has been charged with attempted murder, attempted arson and assault. He has pleaded not guilty. Rottenberg and several other residents became targets of community protests in September for not praying at the rabbi’s synagogue. They instead prayed with the people at the Friedwald Center outside the village. They said the retribution included vandalism of their car and house windows, protests by hundreds outside their homes, their children being kicked out of religious schools and verbal threats. Rottenberg said no one would hire him as a plumber. Twersky’s lawyer Franklyn H. Snitow argued there was no evidence Twersky had a role in those protests. 18 million lawsuit filed by Rottenberg’s lawyers dismissed against Twersky. The lawsuit also names Spitzer.
The papers were filed with the state Supreme Court in New City. Snitow called the arguments “sophistry” and Twersky has denied ordering or encouraging any violence against the Rottenbergs. Rottenberg’s lawsuit maintains that a pattern of vandalism and intimidation against him occurred in the six to seven months leading up to the arson attack that left him with severe burns over nearly 50 percent of his body. Part of Rottenberg’s argument is that Twersky and his advisers have iron-clad control of the social and political mores in the community, including who more than 2,000 people vote for in a given election. Rottenberg’s lawyer, Michael Sussman, said Monday that he was not planning to get into a public exchange with Snitow on the merits of the lawsuit. Sussman said he would file opposition papers with the court. He said he believes more information will be forthcoming during pretrial discovery when parties to the lawsuit like Twersky are interviewed under oath. Ramapo police continue to investigate the attacks on Rottenberg — and possibly others — before the arson attempt.
The FBI is assisting the police, but it has declined to comment. 255 million real estate Ponzi scheme targeting Orthodox Jews. At his sentencing by U.S. Steven Byers, co-founder and chief executive of Chicago-based WexTrust, had been sentenced by Chin in April to 13 years, four months in prison after pleading guilty to securities fraud and conspiracy. Shereshevsky’s plea agreement called for a prison term of 210 to 262 months. His lawyer, Mark Harris, sought a 10-year sentence, citing his 55-year-old client’s charitable pursuits and “terrible health,” including obesity, diabetes, two prior heart attacks and an enlarged heart. But Chin, the same judge who in 2009 sentenced Ponzi scheme operator Bernard Madoff to 150 years in prison, read to a full courtroom from several of the 80 letters he said he had received from Shereshevsky’s victims. The judge said Shereshevsky had not previously shown remorse. Harris declined to comment after the hearing. Investigators including the U.S.
Securities and Exchange Commission had accused Shereshevsky and Byers of conducting at least 60 private placements purportedly to fund commercial real estate ventures, when in fact they were diverting money to themselves or to pay off prior investors. 9.2 million would be spent on seven commercial properties to be leased to the U.S. 255 million from at least 1,196 investors. The SEC said Byers had focused on real estate investments, while Shereshevsky had overseen real estate and diamond mining assets and had used his contacts in the Orthodox Jewish community to solicit investors. Wearing a dark gray shirt and a yarmulke, Shereshevsky choked up several times in pleading before Chin for leniency. Joel Pogolowitz, who said his late mother lost much of her money with WexTrust, urged a maximum sentence. Pogolowitz told the defendant, who was staring at the judge, occasionally rubbing his eyes beneath his glasses. Chin was elevated last year to the federal appeals court in New York, but kept control of the WexTrust case.
He’s writing Leiby’s song. Lipa Schmeltzer, a popular and high-profile singer in the Hasidic community, visited the grieving family of slain 8-year-old Leiby Kletzky yesterday — and even chanted a Yiddish song to the boy’s younger sister to comfort her. The popular performer — little Leiby’s favorite — didn’t sing the piece because mourners are not supposed to hear music for a year after a death. But Schmeltzer said that after Leiby’s dad told him a story about his only son, Schmeltzer formulated a story and called it: “As Long as You’re Alive.” And then he chanted the story to Leiby’s sister, Nechama. Schmeltzer also said he was moved by the numbers of people who were gathering to offer solace to the Keitzky family at their Borough Park home. The performer noted that Leiby’s father, Nachman, was devastated by his only son’s grisly death and dismemberment, allegedly at the hands of Levi Aron.
Schmeltzer said he’s now working on a song called “The Story of Leiby,” based on what he believes the child — described as devout beyond his years — would have been like if he’d grown to be a grandfather. He also said he’s been amazed by the comments from others who knew the remarkable youngster. If you want to have something that a parent can know where their child is – cell phones. I am skeptical and I got blasted at the Town Board meeting because I went against (Town Supervisor) Tony Cellini,” Cedeira said. “It is an eyesore, It is not healthy for kids. A 14-year-old Hasidic boy from Brooklyn who disappeared from a summer camp in Ulster County was found at a Staten Island shopping mall. Police across New York state had been searching for Moishe Dressner. He had been last seen Tuesday night at Camp Beth Yitzochok in the town of Wawarsing.
Volunteers joined state and local police, K9s and helicopters in the search. Word of Dressner’s disappearance comes on the same day police in New York City arrested a man in Brooklyn in connection with the gruesome death of an Orthodox Jewish boy from Borough Park. The dismembered body of Leiby Kletzky, 8, was found in the suspect’s refrigerator and in a dumspter in Brooklyn. Anguished family members and hundreds of volunteers have launched a massive search for a missing Hasidic boy who vanished on his way home from a Brooklyn day camp on Monday. Leiby Kletzky, 9, was last spotted leaving the Boyan Day Camp on 44th Street near 12th Avenue at 4:50 p.m., police said. He was supposed to meet his mother on 13th Avenue and 50th Street but mysteriously failed to show up. “Volunteers have been out there all night searching backyards, front yards, anywhere where a child could possibly be” said Assemblyman Dov Hikind (D-Brooklyn).
Buses loaded with volunteers have come from New Jersey to aid in the search. Jacob Daskal, a member of the Shomrin volunteer civilian patrol. Daskal said the boy was caught on surveillance camera leaving the school. He walked eight blocks to meet his mother. He disappeared during that short walk. Boro Park Shomrim chief Simcha Bernath said the family confirmed the boy walked by himself, but normally he took the bus. 100,000 reward for any information on his whereabouts. The amount has grown on the part of business people throughout the community. They’re looking at me like, ‘What? Muslim line inspector along the freeways who gave us engineering help. People think we go around trying to beat people up. They thought we stole it. I know that the idea of circumcision may sound barbaric. But the practice is not. It is a loving way of bringing a boy into an ancient covenantal relationship with God and the Jewish people, and of marking his participation in that covenant in his very flesh.
In the Bible, it seems to have been linked to fertility — it was only after Abraham circumcised himself that his wife Sarah became pregnant with Isaac and Ishmael. Unlike female genital mutilation, Jewish circumcision is not a way to limit or control the child, and it does not destroy sexual desire. Many find the practice troubling, I believe, because it so dramatically distinguishes religious values from commonly accepted modern American ones. America idealizes nature; Judaism and other religions try to control it and improve it. America sees happiness as the greatest goal, Judaism and other religions see holiness as far more important. After the ceremony, everyone ate bagels and lox, and little David got more wet, sloppy kisses than his little cheeks knew what to do with. That day, the Cohen family forged one more link in an ancient and deeply hallowed chain of Jewish tradition. I doubt I can change the minds of those who oppose this procedure, but I want to encourage them to look at this sacred Jewish ritual in its entirety. Do you really think this is the work of barbarians?
Do you really think we should see such events as criminal activity? And at the end of the day, do you really think powerful moments of celebration and sanctity such as these make the world worse than it would otherwise be? Two strictly Orthodox men and a medic from Hatzola, the Charedi ambulance service, have saved a young London Somali boy from a fire. Josh Berkovitz ran into a blazing building in Tottenham, north London, after he heard a mother screaming that her son was trapped in the building yesterday afternoon. He was alerted by Nochem Perlberger, a former paramedic in Israel, who smelt burning when he returned to his office just yards from the house. Mr Berkovitz and another passer-by ran into the house while Mr Perlberger called the police, fire brigade and Hatzola. The two-year-old was taken to a nearby restaurant and put under a running tap. David Herzka, who has volunteered for Hatzola for 24 years, was first on the scene, arriving within two minutes. When I arrived, I ran into the restaurant and saw the boy had around 70 per cent burns.
Attorneys in an unrelated case have filed a petition asking the Supreme Court to block Donald Trump’s appointment of Matthew Whitaker as acting attorney general and to replace him with Deputy Attorney General Rod Rosenstein. Barring that, the lawyers want Supreme Court justices to at least weigh in on whether Whitaker’s appointment was legal and constitutional. The petition was filed on Friday by attorney Tom Goldstein in a separate a gun rights case that the court has yet to hear. Even if Supreme Court justices decline to hear that case, which is Barry Michaels v. Whitaker, they still could rule on the question of Whitaker’s appointment, Goldstein told CNN. “We do want Rosenstein named Acting Attorney General,” Goldstein said, according to CNN. Goldstein’s filing follows another challenge this week to Whitaker’s appointment, by Maryland Attorney General Brian Frosh. Frosh, who last year opened an investigation into Trump son-in-law Jared Kushner’s predatory real estate business, also argued in court that Rosenstein should be installed in Whitaker’s place, according to USA Today. Frosh called the Whitaker appointment “illegal and unconstitutional.S. Constitution’s Appointments Clause, which dictates that officers such as the attorney general must be confirmed by the Senate. Trump should have followed the Attorney General Succession Act in appointing Whitaker, the court documents state. The Trump administration, however, argues that the appointment is legal under the Federal Vacancies Reform Act. On Wednesday, the Justice Department issued a 20-page opinion stating that the act allows for senior staffers to be appointed if they have been in office for at least 90 days. Whitaker formerly worked as Sessions’ chief of staff. The Justice Department also said that Whitaker doesn’t require Senate confirmation because the appointment is temporary. He then added: “And, you know, look, as far as I’m concerned this is an investigation that should have never been brought. It should have never been had. It’s something that should have never been brought. It’s an illegal investigation. It will be interesting to see how the Supreme Court rules on this, likely in coming weeks.
In a 96-page decision signed Tuesday, Justice Gretchen Walsh found no grounds to invalidate Kiryas Joel’s expansion or the environmental review the village conducted for two overlapping annexation petitions. She left it to the Appellate Division to decide in a separate case if that review was adequate for a 507-acre annexation request that Monroe rejected. Kiryas Joel is seeking approval for the larger annexation through a pending case it brought in the appeals court. Leaders of the Satmar Hasidic village were unavailable to comment on the ruling on Wednesday because it was Yom Kippur, the solemn Jewish Day of Atonement. They and the annexation petitioners had sought the expansion to accommodate housing and municipal services for the fast-growing community. Doles said in a statement. Orange County Executive Steve Neuhaus said in a statement that he still believes Kiryas Joel’s annexation “is not in the overall public interest” – the legal standard for approving such border changes. Woodbury Mayor Michael Queenan, whose village was one of the municipalities that joined the county in the litigation, said local leaders will likely meet early next week to discuss the ruling and possibility of an appeal. The decision comes as the Orange County Legislature prepares to take up a new petition to form a Town of North Monroe, which would consist of Kiryas Joel and 382 acres that largely falls within the 507-acre annexation. How Walsh’s ruling affects that new initiative was not immediately clear. A group of Monroe property owners petitioned in December 2013 for Kiryas Joel to annex 507 acres, and later filed a separate petition for 164 acres while the original proposal was in limbo. Kiryas Joel oversaw an environmental review that analyzed the potential effects and approved both petitions; the Monroe board assented only to the smaller request.